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2024.05.31 Motion for Reconsideration 224
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...compel arbitration of Plaintiff's Complaint. Now, Plaintiff moves for reconsideration of the Court's ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 2/15/2023 ruling based on the decisions in Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App, Yeh v. Superior Court of Contra Costa County (2023) 95 Cal.App.5th 264, and Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958. The Court agrees reconsid...
2024.05.31 Demurrer 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...ant demurred to Plaintiff's FAC. Discussion Defendant argues that Plaintiff's Complaint is invalid because Plaintiff does not have standing to pursue this action. In California, every action must be prosecuted in the name of the “real party in interest,” except as otherwise provided by statute. (C.C.P. § 367.) This rule is designed to protect the Defendant from a multiplicity of suits and to fix and determine the re al liability alleged in t...
2024.05.31 Demurrer 985
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...nc. On 4/24/2024, Plaintiffs filed a first amended co mplaint (FAC) alleging: (1) breach of fiduciary duties; (2) breach of the duty of good faith and fair dealing; (3) fraud; an d(4) unjust enrichment. On 4/24/2024, Defendants Scott Eppinga, Benjamin Eppinga, and Think Humble, Inc. demurred to the FAC. Discussion As a preliminary matter, “ [e]xcept in a summary judgment or summary adjudication motion, no opening or responding memorandum may ex...
2024.05.30 Motion to Compel Arbitration 862
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.30
Excerpt: ...ler, Tom R. Lamphere, Jan S. Richey, Caltex Millennium, LLC, and Keller Williams Realty, Inc., alleging: (1) intention al interference with prospective business advantage; (2) negligent interference with prospective business advantage; and (3) unfair competition. On 4/2/2024, Defendants Gary Keller, CalTex Millennium, LLC, and Keller Williams Realty (collectively, Defendants) moved to compel Plaintiff to arbitrate this action, and stay proceeding...
2024.05.29 Motion for Summary Judgment 704
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.29
Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...
2024.05.28 Motion to Compel Further Responses, for Sanctions 600
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...tiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants). On 5/26/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of mandatory duties; (2) failure to summon medical care; (3) negligence; and (4) violation ...
2024.05.28 Motion to Compel Arbitration 751
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...e with taking leave; (3) whistleblower retaliation; (4) wrongful termination; and (5) unfair competition. On 3/12/2024, Defendant moved to compel arbitration, and stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.�...
2024.05.28 Motion for Summary Judgment 704
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...
2024.05.24 Demurrer 999
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.24
Excerpt: ...e, as an individual and on behalf of himself and as representative of the Estate of Mahzar Sedghi, (Plaintiff) filed suit against Steve Meier M.D. and Meier Orthopedic Sports Medicine, and LA Peer Surgery Center. On 12/21/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) refusal to provide medical records to Plaintiff; (2) refusal to provide medical records to counsel; and (3) intentional infliction of emotional distress (IIED)....
2024.05.23 Motion to Strike Costs 680
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ... of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Co de section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty; and (6) fraud by omission. On 2/23/2024, Defendant moved to strike Plaintiff's request for $2,733.60 in costs. Discussion Defendant argues that Plaintiff is not entitled to recover costs because the Court...
2024.05.23 Motion to Declare Vexatious Litigant, Compel Further Responses 983
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ...n of the Unruh Act. On 3/6/2024, Defendant moved to have Plaintiff declared a vexatious litigant, and be required to post a security. Discussion Vexatious litigant statutes were created to counter the abuse of the court system by “persistent and obsessive litigants.” (Bravo v. Ismaj (2002) 99 Cal. App. 4th 211, 220- 21.) Under Code of Civil Procedure, section 391.1 through 391.6, to counter a potential vexatious litigant, “a defendant may s...
2024.05.23 Motion for Summary Judgment 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ...ry Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. On 2/9/2024, One Day Defendants moved for summary judgment, or in the alternative, summary adjudication, of the third and fourth causes of action.[1] Evidentiary Objecti...
2024.05.22 Demurrers 129
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...; (2) SUSTAINS THE DEMURRER, WITH 15 DAYS LEAVE TO AMEND, as to Plaintiffs' Fifth, Sixth, Seventh, Eighth, and Ninth causes of action as to all Liberty Defendants. On 1/26/2024, Plaintiffs Edward Estrada and Yun Cui (collectively, Plaintiffs) filed suit against Liberty Insurance Corporation, Liberty Mutual Insurance Company, Liberty Mutual Holding company, Liberty Mutual Group, Inc., and Daniel Kiddoo, alleging: (1) breach of contract; (2) breach...
2024.05.22 Motion to Compel Responses, for Sanctions 710
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...s motion to compel responses from Plaintiff Gal Mose Faigel to its Special Interrogatories is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00. Defendant's motion to compel responses from Plaintiff Gal Mose Faigel to its RFPs is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00. Defendant's motion to have its RFAs deemed admitted as to Plaintiff Gal Mose Faigel is MOOT. Defendant is sanctio...
2024.05.22 Motion for Attorney Fees 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...gainst Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 4/3/2024, Plaintiff moved for attorney fees...
2024.05.21 Special Motion to Strike 581
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.21
Excerpt: ...ction, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti -SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; Fox Searchl...
2024.05.21 Motion for Protective Order 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.21
Excerpt: ...ry of a protective order. Discussion Defendant argues good cause exists to grant Defendant's protective order. In opposition, Plaintiffs do not dispute the need for a protective order, but seek entry of the standard LASC Model Order. As such, the dispute here is not whether or not a protective order is appropriate, but what form the protective order should take. Defendant's proposed order used the Model Order as a working draft but makes modifica...
2024.05.20 Motion to Vacate Dismissal, Reinstate Case, and Enter Money Judgment 867
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.20
Excerpt: ...Group, Inc. dba IDEG Construction, International Government Services, Inc dba IDEG Construction, IDEG Supply LLC dba IDEG Construction, alleging unlawful detainer. On 7/25/2023, the Court dismissed this case, pursuant to CCP section 664.6. Now, Plaintiff seeks an order vacating the 7/25/2023 dismissal, reinstating this action, and entering a money judgment against Defendants, and each of them, in the total amount of $80,175.86 ($68,015.86 remaini...
2024.05.16 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...
2024.05.16 Motion for Reconsideration, to Compel Further Responses 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...
2024.05.15 Motion to Compel Further Responses, Deposition 771
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...
2024.05.15 Motion to Compel Arbitration 854
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...
2024.05.15 Motion for Judgment on the Pleadings 920
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...n 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...
2024.05.13 Motion for Summary Judgment 876
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.13
Excerpt: ...6/2022, Plaintiff filed a first amended complaint (FAC), alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discrimination; (5) conspiracy to interfere with civil rights; and (6) intentional infliction of emotional distress. Now, Defendants move for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Discussion I. Discrimination based on Race and National Ori...
2024.05.09 Motion for Summary Judgment 842
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.09
Excerpt: ...C (Bravery, LLC). On 8/17/2021, Baker and Bravery, LLC filed a cross -complaint (XC) against BMI and Erika Stallings, alleging: (1) declaratory judgment; (2) declaratory judgment; (3) breach of contract; (4) breach of fiduciary duty; (5) constructive fraud; (6) intentional infliction of emotional distress; and (7) fraudulent inducement On 2/23/2024, Adam Bravery, LLC (Bravery) moves for summary judgment. Discussion Bravery contends that there are...
2024.05.07 Motion to Tax Costs 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.07
Excerpt: ...suit against Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 3/7/2024, Defendants Full Circle Real...
2024.05.07 Motion to Set Aside Entry of Default 208
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.07
Excerpt: ...nd intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. On 5/23/2023, default was entered against Victor Mendiola.[1] On 4/5/2024, Victor Mendiola (Defendant) moved to set aside the entry of default and his dismissal. The motion is unoppo...
2024.05.03 Motion to Quash Service of Summons and Complaint 798
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...
2024.05.03 Motion for Summary Judgment 615
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...
2024.05.03 Motion for Judgment on the Pleadings 642
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...; (3) constructive trust; and (4) declaratory relief. Now, Defendant moves for a judgment on the pleadings. The motion is unopposed. Discussion Defendant argues that Plaintiff's motion is barred by res judicata/collateral estoppel. The doctrine of res judicata precludes the re -litigation of certain matters which have been resolved in a prior proceeding under certain circumstances. (Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th ...
2024.05.01 Motion for Leave to Amend to File SAC 897
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.01
Excerpt: ...1) quiet title; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non -delivery; (4) recission; (5) slander; (6) fraud; (7) violation of California Business and Professions Code; (8) declaratory relief; and (9) injunctive relief. On 1/17/2024, Plaintiff moved for leave to amend a second amended complaint (SAC). Discussion Plaintiffs seek leave to amend to clarify their allegations. In its r...
2024.04.29 Motion to Conduct Limited Discovery 581
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.29
Excerpt: ...zy Mills Production, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Now, Plaintiff moves to lift the stay in discovery to conduct limited discovery pursuant to CCP section 425.16(g) and to continue Defendants' special motion to strike. Discussion Plaintiff moves to lift the stay in discovery to conduct limited discovery to support her opposition to Defendants' pending anti -SLAPP motion. Af...
2024.04.29 Motion for Assignment Order 474
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.29
Excerpt: ... Health (collectively, Defendants/Judgment Debtors), alleging: (1) breach of contract; (2) breach of implied in fact contract; (3) open book account; and (4) account stated. Now, Plaintiff/Judgment Creditor Hospice Source, LLC (Hospice Source) moves for an order assigning to it the interest, if any, of Defendants/Judgment Debtors. The motion is unopposed. Factual Background On March 8, 2024, judgment was entered in favor of Hospice Source against...
2024.04.25 Motion to Quash 320
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.25
Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...
2024.04.24 Demurrer 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.24
Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...
2024.04.23 Motion to Allow Withdraw of Appearance 440
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.23
Excerpt: ...Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed suit against 39 Defendants, alleging: (1) negligence; (2) strict liability —warning defect; (3) strict liability —design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. On 2/5/2024, Defendant Caesarstone LTD (Defendant or Caesarstone) moved for an order allowing Lydecker to withdraw its notice of appear...
2024.04.22 Motion to Modify Umbrella Protective Order 736
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.22
Excerpt: ...ract; (3) failure to pay wages when due in violation of California Labor Code section 204; (4) failure to furnish accurate wage statements; (5) failure to pay all wages due on separation; (6) constructive discharge; (7) violation of Business and Professions Code section 17200; and (8) accounting. On 2/13/2024, Plaintiff moved to modify the discovery protective order. Discussion Plaintiff seeks an order modifying the umbrella discovery protective ...
2024.04.22 Demurrer 742
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.22
Excerpt: ..., alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS. On 1/26/2024, PIH filed a second amended cross-complaint (SXC) alleging: (1) civil theft; (2) unjust enrichment; (3) mistaken receipt; and (4) violation of sec...
2024.04.19 Motion to Deem RFAs Admitted, for Sanctions 790
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.19
Excerpt: ...rt declines to award sanctions at this time. On 7/6/2023, Plaintiff Sandra Greene (Plaintiff) filed suit against Farmers Insurance Exchange (Defendant), alleging: (1) breach of implied obligation of good faith and fair dealing; (2) breach of contract. On 3/18/2024, Plaintiff moved to compel responses to her Requests for Admission (RFAs), Requests for Production (RFPs), and Special and Form Interrogatories (Set One). Plaintiff seeks monetary sanct...
2024.04.17 Motion to Quash Service of Summons 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...
2024.04.17 Motion for Attorney Fees 685
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...
2024.04.17 Demurrer 593
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...
2024.04.15 Motion for Judgment on the Pleadings 297
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.15
Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...
2024.04.12 Motion to Compel Initial Responses 157
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.12
Excerpt: ...everly Consumer Warranty Act. On 12/14/2023, Plaintiff moved to compel Defendant's initial responses to: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admissions, Set One; and (4) Requests for Production of Documents, Set One (collectively, t he “Discovery”). Discussion As a preliminary matter, Plaintiff must issue filing fees for four motions, given that this omnibus motion consolidates four differ...
2024.04.12 Motion for Summary Judgment, Adjudication 799
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.12
Excerpt: ...ive, motion for summary adjudication is DENIED. Plaintiffs Deanna Turner, Jean Mejia, and Chi Cho's motion for summary adjudication on their first cause of action for violations of the Investigative Consumer Reporting Agencies Act in the Complaint is DENIED. On July 22, 2022, Plaintiffs Stacey Carr- Susor, Chi Cho, Deanna Turner, and Jean Mejia filed suit against Barrington Pacific, LLC (“Barrington Pacific”), and Does 1 through 30, inclusive...
2024.04.11 Request for Relief from Waiver of Objections 542
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.11
Excerpt: ...n; (4) declaratory judgment; (5) retaliation; (6) retaliation; (7) wrongful termination; (8) failure to pay wages; (9) failure to provide rest periods; (10) waiting time penalties; (11) unfair competition; (12) conversion; and (13) failure to provide itemized wage statement. On 2/29/2024, Plaintiff moved for relief from waiver of objections. Discussion Plaintiff seeks relief from waiver of objections, contending that her failure to provide timely...
2024.04.10 Motion to Quash, to Strike 440
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.10
Excerpt: ..., alleging: (1) negligence; (2) strict liability— warning defect; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, specially appearing Defendant Stylenquaza LLC moves for an order quashing service of summons and dismissing the action as to Defendant. Background This is a toxic tort case arising from Plaintiff Jose Guadalupe Soto - Rodriguez' (Plaintiff) claim th...
2024.04.09 Motion for Terminating Sanction, for Monetary Sanctions 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.09
Excerpt: ...nctioned, jointly and severally with counsel, $3,500.00. Plaintiff is directed to address all metadata issues associated with its two most recent productions, within 30 days of entry of this order. If Plaintiff failed to resolve this issue, One Day Defendant may renew its request for an OSC: re contempt. On April 21, 2022, Plaintiff CBD Franchising, Inc. (“Plaintiff”) filed a complaint against Defendants Central Jersey Doors & Closets, LLC, M...
2024.04.08 Demurrer 738
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.08
Excerpt: ...ant family Trust, and South Main Street Properties, LLC (collectively, Plaintiffs) initiated thi s action. On 2/8/2024, Plaintiffs filed a verified third amended complaint (TAC) against the Harb Family Trust dated 11/1/1996, the Irrevocable Trust of chou Bo Chan Chiu (1997) for the benefit of Samson Chiu, and Fusion Investments, LLC (Fusion) alleging: (1) decla ratory relief; and (2) quiet title -adverse possession. On 3/7/2024, Fusion demurred t...
2024.04.05 Demurrer 263
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.05
Excerpt: ... Offices of Mendlovitz & Sanchez, alleging: (1) breach of written contract; (2) conversion; (3) promissory estoppel; (4) imposition of constructive trust; and (5) declaratory relief. On 1/30/2024, Defendant Michael A. Foster (Defendant) demurred to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's fourth and fifth causes of action (the only claims asserted against Defendant here) are moot. Plaintiff's Complaint concedes that “...

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